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(영문) 청주지방법원 2020.11.05 2020구합515

수용재결취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice 1): C Project name (hereinafter referred to as the “instant project”);

2) Project implementer: Korea Water Resources Corporation (hereinafter “Water Resources Corporation”).

B. Defendant’s ruling 1) The Water Resources Corporation applied for a ruling to the Defendant, who did not reach an agreement to acquire the instant land between the Plaintiff and the Plaintiff, and the Defendant, on November 7, 2019, determined the expropriation compensation at KRW 35,880,00, thereby allowing the Korea Water Resources Corporation to expropriate the instant land (hereinafter “instant expropriation ruling”).

2) On March 26, 2020, the Defendant did not accept the above assertion and made a ruling to increase the amount of compensation to KRW 35,952,80,000.

C. As part of the instant project, the Water Resources Corporation implemented and completed reclamation works on the underground surface of the instant land as part of the instant project.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including additional evidence) and purport of the whole pleadings

2. Determination as to the legitimacy of the adjudication on expropriation of this case

A. The Plaintiff’s assertion is used by the Plaintiff as part of the passage to and from the LPG Gas charging station (hereinafter “instant charging station”) operated on the ground of the land of the Cheongju-si as part of the passage to and from the roads for entry into the E road. While the Plaintiff’s business is essential, it does not necessarily need to be expropriated for the instant project.

In fact, even after the Water Resources Corporation completed the reclamation work of the water pipe on the underground of the instant land, the Plaintiff continues to use the instant land as the previous passage.

Therefore, the acceptance ruling of this case infringes on the plaintiff's property right by accepting land which is not necessary to expropriate.